Criminal Pretrial Conference System From The Perspective Of Trial

The criminal pretrial conference system is a new system in the 182nd paragraph of the National People's Congress in 2012 when the criminal procedure law of the People's Republic of China was revised in.This system at the beginning of the people's evaluation of it is quite high,but since January 1,2013 the newly revised "Criminal Procedure Law"after the implementation,in a short period of less than five years,the people of this system gradually changed,and even some people started on this a system of questioning.In the China Communist Party put forward the goals of the reform of criminal litigation system centered on the trial in the eighteenth plenary session,on trial as the center of the new perspective of pretrial conference system to examine and study is particularly urgent and necessary.Therefore,the article tries to stand in the trial as the center of this perspective to conduct a comprehensive and detailed study of the pretrial conference system.The first part of the article discusses the background of the pretrial conference system and the location of the pretrial conference system.The emergence of pretrial conference system is a positive response to judicial practice.The pretrial conference system should be located in a pretrial preparation procedure,which is to ensure the smooth conduct of the trial and improve the quality of the trial.The second part of the article describes the function of the pretrial conference system.The pretrial conference system has a "trial centered" service,to prevent raids,providing information,protect the legitimate rights and interests of the defendant and effective defense,preventing prejudge,safeguard judicial justice and efficiency of the five functions.The reason why the "trial centered" service function is the most important one is that the "trial centered" is a hot topic in the field of criminal procedure and the whole legal field.The third part of the article from the judicial practice point of view,pointed out that the pretrial conference system has low application rate and the chaos of the two problems in practice,and points out that the system exists in the application of the main problem is not clear due to its standard content.Then,the paper in detail from the pretrial conference system applicable scope,start,moderator,participants,methods,content,effect and time frequency analysis of the eight aspects of the deficiencies in the system of norms,in order to improve the normative content of ideas.The study of comparative law in the fourth part,elaborated the pretrial procedure of the four countries the United States,Britain,Japan and Russia,and analyzes every country in the pretrial procedure which is worthy of reference for pretrial conference system in our country.The fifth part is on trial as the center point of view,put forward the rational construction of five China's pretrial conference system of the basic ideas,including:a clear scope of pretrial conference,clear the contents of the pretrial conference,given the pretrial conference to clear legal effect,people involved in the pretrial conference the antagonism of pretrial conference.The five basic ideas are in the first four parts of the contents of the overall grasp of the.